Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: UnbelievingScumOnTheOtherSide


Talking about "Judicial Review" and it's implications on American Government, not the particulars of the Marbury vs. Madison case...


62 posted on 03/14/2006 11:48:53 PM PST by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
[ Post Reply | Private Reply | To 49 | View Replies ]


To: Tzimisce
Talking about "Judicial Review" and it's implications on American Government, not the particulars of the Marbury vs. Madison case...

You would do well to review the particulars. Equal powers means the following: Congress does not have to pass laws to the liking of the courts or the President. (They can override the President's veto. Judicial review simply means that the Supreme Court is not inferior to Congress and does not have to enforce laws with which it disagrees. But you would find that any encroachment on Congress would be easily offset by the President if, like Alexander Hamilton, John Marshall, Thomas Jefferson and Andrew Jackson recognized, the President doesn't have to enforce court orders and judge-made laws. The President doesn't have to enforce laws made by courts or Congress if there is not the will to impeach him. The system is robust enough to sustain even this until voters settle it at the next election. But the Congress and President have become too complacent and defaulted to SCOTUS since the 1850s. That is not how it was designed.
64 posted on 03/15/2006 2:45:50 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
[ Post Reply | Private Reply | To 62 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson